Villainage in England: Essays in English Mediaeval HistoryVinogradoff, Paul
History
Villainage in England: Essays in English Mediaeval History
Vinogradoff, Paul
Villeinage -- England -- History -- To 1500
I am even inclined to go further: it seems to me that the manorial
ceremony of surrender and admittance, as considered from the point of
view of legal archæology, may have gone back to a practice which has
nothing to do with the lord's ownership, although it was ultimately
construed to imply this notion. The tenant enfeoffed of his holding on
the conditions of base tenure was technically termed tenant by copy of
court roll or tenant by the rod--_par la verge_. This second
denomination is connected with the fact that, in cases of succession as
well as in those of alienation, the holding passed by the ceremonial
action of the steward handing a rod to the person who was to have the
land. Now, this formality looks characteristic enough; it is exactly the
same as the action of the 'salman' in Frankish law where the
transmission of property is effected by the handing of a rod called
'festuca.' The important point is, that the 'salman' was by no means a
representative of lordship or ownership, but the necessary middleman
prescribed by customary law, in order to give the transaction its
consecration against all claims of third persons. The Salic law, in its
title 'de affatomire,' presents the ceremony in a still earlier stage:
when a man wants to give his property to another, he has to call in a
middleman and witnesses; into the hands of this middleman he throws a
rod to show that he relinquishes all claim to the property in question.
The middleman then behaves as owner and host, and treats the witnesses
to a meal in the house and on the land which has been entrusted to him.
The third and last act is, that this intermediate person passes on the
property to the donee designated by the original owner, and this by the
same formal act of throwing the rod[814]. The English practice has
swerved from the original, because the office of the middleman has
lapsed into the hands of the steward. But the characteristic handing of
the rod has well preserved the features of the ancient 'laisuwerpitio'
('the throwing on to the bosom'), and, indeed, it can hardly be
explained on any other supposition but that of a survival of the
practice. I beg the reader to notice two points which look decisive to
me: the steward when admitting a tenant does not use the rod as a symbol
of his authority, because he does not keep it--he gives it to the person
admitted. Still more, in the surrender the rod goes from the
peasant-holder to the steward. Can there be a doubt that it symbolises
the plot of land, or rather the right over the plot, and that in its
passage from hand to hand there is nothing to show that the steward as
middleman represents absolute ownership, while the peasants at both ends
are restricted to mere occupation on sufferance[815]? Is it necessary
to explain that these ceremonial details are not trifles from a
historical point of view? Their arrangement is not a matter of chance
but of tradition, and if later generations use their symbols
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